Contracts for the Family Law Client

ebook Volume 1

By Robert M. Halpern

cover image of Contracts for the Family Law Client

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There are many different contracts a family lawyer asks their client to sign, often under pressured circumstances, and in scenarios where the client, and sometimes their lawyer, may not fully understand the contract at issue.

Expert advocate, wealth protection planner, mediator, arbitrator, author and editor Robert M. Halpern, along with various accomplished family law contributors, unravel this complex area of law by providing a comprehensive analysis of virtually every contract and the related topics facing the family law client in Contracts for the Family Law Client. Both novice and seasoned professionals will benefit from the authoritative guidance in this book, written by a team of more than 30 family law experts over 16 extensive chapters.

Contracts for the Family Law Client begins by discussing the law of contract in Canada, and then explores the different types of family law contracts, according to the following categories:

  • Contracts dealing with the client and their professional – retainer agreements with one's lawyer, chartered business valuator and Section 30 CLRA parenting assessor
  • "Coming Together" agreements – the cohabitation agreement, marriage contract and fertility and assisted reproduction agreement
  • "Coming Apart" agreements – the separation agreement, amending agreement, paternity agreement and tolling agreement
  • "Eyes Forward" agreement – the parenting co-ordination service agreement

    The book further explores the topics of negotiation, mediation, arbitration and the various alternative dispute resolution contracts used to lead parties to "Coming Together" agreements and "Coming Apart" agreements. It also examines the practical considerations when seeking to enforce or challenge a contract, including advice about the Family Responsibility Office, the Family Law Rules, bifurcation in set aside cases and limitation periods.

    Features of This Book

    Contracts for the Family Law Client provides answers to common contract questions, such as:

  • What happens when there is ambiguity in the contractual terms?
  • What happens when you have terms but no written contract?
  • Is a contract void or voidable?
  • What is a retainer and who may enter into a retainer agreement?
  • Can a client or lawyer challenge a retainer agreement?
  • What is cohabitation and what is a cohabitation agreement?
  • Who needs a marriage contract?
  • What is parenting coordination?
  • Is arbitration right for your client?
  • What is an enforceable domestic contract?

    Helpful precedents, practice tips, appendices and sample documents are also provided, including:

  • Sample Provisions of Tolling Agreements
  • Sample Parenting Coordination Service Agreement, Closed Dual PC Model
  • Sample Collaborative Practice Participation Agreements
  • Sample Collaborative Family Professional Agreement
  • Sample Collaborative Limited Retainer Agreement
  • Sample Precedent Arbitration Agreement
  • Sample Mediation-Arbitration Agreement

    Who Should Read This Book

  • Family law practitioners who need a concise practical guide to assist in preparing family law contracts and to understand the alternate dispute resolution processes which may lead them to such a contract
  • Family mediators and arbitrators who need to consult a reliable resource to conduct mediation, arbitration or mediation-arbitration
  • Non-legal professionals (Mental Health Practitioners, Accountants, Valuators) who need information on contracts governing their professional involvement in family law cases
  • Clients and self-represented litigants who need information on common provisions and the larger theory...
  • Contracts for the Family Law Client